Dalit oppression result of myriad years of caste system

Violence against Dalits is the outcome of thousands of years of subjugation due to the existence of the caste system. But the situation of Dalit women becomes more vulnerable due to the intersectionality of caste with gender.

The oppression against Dalit women becomes multiple and is manifested through extreme forms of atrocities committed against them by non-Dalits and violence by the Dalits.

After the framing of the Indian constitution, very few laws have been enacted to protect the rights of Dalits. One of the laws whereby some relief is given to the rights of the Dalit women is sec 3 (1) (X1) and 3 (1) (X11) under prevention of atrocities against SC and ST Act, 1989. There are certain sections under Indian Penal Code (IPC) for the protection of women in general, where Dalit women are also covered.

Some of the important sections relating to gender violence under the IPC are sec. 304B (dowry death), sec. 306 (abetment to suicide) sec. 354 (assault or use of criminal force on a woman with intent to outrage her modesty), sec. 376 (rape), sec. 498 A (punishment for subjecting a married woman to cruelty).

Apart from the IPC sections there are no stringent laws for the protection of the rights of women. A law to protect women against domestic violence has been enacted in 2005, but it does not impose any punishment to the accused.

Gujarat as an independent state is celebrating 50 years of its existence and the prevention of atrocities Act enacted on January 30, 1990, has completed 20 years. The population of Dalits in Gujarat as per the National Census of 2001 is 7.01 % of the total population.

While boasting about its development and progressiveness, the government of Gujarat also needs to be questioned on the grounds of implementation of laws and sections for the protection of Dalits and Dalit women's rights.

As per the fifth report of the National Commission on SC and SC of1998-1999, Gujarat stands second i.e. 62 cases per one lakh population, in terms of volume of crime against Schedueld Castes, just after Rajasthan.

Navsarjan, an organisation dedicated to the upliftment of Dalits, has been addressing the issues of social justice and rights of Dalits and Dalit women in particular for more than 20 years in Gujarat.

Through the legal aid programme, we provide legal aid, moral and social support to the survivors and victims of caste and gender based violence in Gujarat. Navsarjan has dealt with and is working on several cases of extreme forms of violence against Dalits and Dalit women.

One of these cases was the multiple rape of a female Dalit student in the Patan PTC College. Although the six accused were sentenced to life imprisonment, in the judgment, the court removed the sections under the Atrocity Act, its stand being that the rape survivor was raped by a non-Dalit and Dalit accused so it won't fit in as an atrocity case.

There are several cases of rape of Dalit girls and women being handled by Navsarjan in the past few years and are being highlighted in the media, but in how many cases is the criminal justice system ensuring that the accused are punished under the law?

A case of sexual trafficking of a Dalit girl who was kidnapped from the primary school in Bavla and sold off at many places is going on in the Ahmedabad Sessions court for more than one year, but due to weak criminal justice system, the survivor is still awaiting justice.

Another case of gang rape of a Dalit girl who was studying in the 12th grade in a high school in Limbdi town is pending in the Limbdi Sessions court. The rape survivor has sent an application to the state legal department for appointment of Nainaben Bhatt as special public prosecutor, but the state is denying appointing her without giving any valid reasons.

The recent cases of gang rape and trafficking of young Dalit girls and women set off alarm bells to the vulnerable position of Dalit women in the state. Ultimately the question to the state is, "Is there an effective criminal justice system in place to ensure safety and dignity of the Dalit community and Dalit women especially"?

The time has come when Dalit women should be recognised as a distinct social group rather than classifying them under the general women or Dalit category. Accordingly the state should evolve and implement a specific focus andprogrammes on Dalit women's rights within the broader framework of the Dalit and women's empowerment agenda.

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Cong sees ‘political vendetta’ in fresh probe against Punia in graft case

The Congress on Tuesday accused the state government of trying to frame National SC Commission Chairman P L Punia on false charges of corruption by reviving a 22-year-old corruption case against him. The case in question is the alleged corruption in Pradeshiya Industrial and Investment Corporation of UP (PICUP) when Punia was its managing director.

Congress state president Rita Bahuguna Joshi said Punia had been given a clean chit by the investigation agencies in the past and even during previous regime of Mayawati, but now the state government wanted to act against the panel’s chairman out of vendetta.

“The state government is pursuing the case because Punia is highlighting the atrocities against dalits and is exposing state government. Mayawati should remember that Punia holds a constitutional post,” said Joshi.

In 2009 just after Punia won the Lok Sabha election from Barabanki on a Congress ticket, the state government directed the economic offence wing to probe the case again.

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Writer charged for casteist remark

A special `Prevention of Atrocities Act' court today convicted a column-writer for making casteist comments in a write-up published in a local tabloid.

Anish Trivedi, a columnist, had written on the bad state of affairs at government offices, and attributed it to the reservation policy.

The special court today convicted Trivedi and sentenced him to six months' imprisonment, and fine of Rs 25,000.

The case dates back to April 30, 2006, when Trivedi wrote an article titled Children of a Lesser God, blaming caste- based reservations for bad governance.

A case was then registered with the Bhoiwada police station under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act after some Dalit activists filed a complaint.

"The column was derogatory and directly attacked the Dalits. He not only tried connecting the inefficient government offices with caste reservations, but at several places he made distasteful comments, which were clearly casteist," said public prosecutor Shrikant Dukhande.


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Mayawati showering lollies

LUCKNOW: An aggressive Congress trying to make in roads among dalits and backwards has made chief minister and BSP supremo Mayawati reinforce her dalit agenda.

Last week, the BSP government decided to reserve 70% seats for candidates belonging to scheduled castes (SC) and 15% seats for other backward classes (OBCs) in 50 government industrial training institutes (ITIs) and four government medical colleges to be set up at Jalaun, Kannauj, Saharanpur and Ambedkarnagar. Now, Mayawati has directed officials concerned to expedite the implementation of dalit welfare schemes and conduct on the spot verification of whether the benefit has reached the target group or not.

The emphasis is laid on schemes like free housing for poor dalits under the housing scheme launched in the name of her mentor Kanshiram, Rs 400 per month to the poor who do not have below poverty line card or any other certificate which makes them entitled to welfare schemes meant for poor and downtrodden and implementation of the Forest Rights Act which provides ownership rights to tribals on forest land. The CM has instructed officials that the people at grassroot level should get the feeling that government is working for them.

The move to reserve 70% seats for SC in ITIs and medical colleges is aimed to blunt the allegations by National SC and ST Commission chairperson PL Punia that the money given to the state under special component programme is being misused by the BSP government. Punia as a bureaucrat was close to Maya at one point of time but after retirement joined Congress and won Lok Saba elections from Barabanki by getting substantial dalit votes. Congress has now appointed Punia as chairman of the commission with cabinet minister status to woo dalits.

Punia has been troubling the BSP government in state by raking up issues like rise in atrocities on dalits. He has been personally visiting the places from where crime against dalits are reported. As a counter, Mayawati has also issued instructions to deal strictly with any incident of atrocity on dalits. Senior officials such as commissioners, district magistrates and district police chiefs have been warned that they would be held responsible for any laxity in the implementation of the government policies and schemes for dalits.

Maya also made it clear that only a dalit would succeed her as chief minister of UP, in case she goes to Centre or post fells vacant due to some other reason. The BSP government had already announced reservation (21% for SC and 2% for ST) in allotment of construction contracts upto Rs five lakh in all government departments. She wants that all work related to dalit welfare schemes and projects should be implemented by July this year so that she can publicise it thoroughly before next assembly elections in April-May 2012.

Though dalit form BSP's core vote bank, it had played brahmin card to win 2007 assembly elections. It came to power with absolute majority through its dalit-brahmin-muslim combination. BSP also got ample support of most backward classes (MBCs). However, poor performance in 2009 Lok Sabha polls has made Maya revert to her dalit agenda for 2012 state assembly elections. Taking a head start in comparison to other parties, she has shortlisted around 200 candidates and remaining will be selected soon. Total assembly seats are 403.

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